1. (a) A small employer carrier:

   1. (1) Shall make all of its small employer health insurance plans available for purchase; and
   2. (2) Shall not make available for offer any coverage that has been discontinued in accordance with RSA 420-G:6.

2. (b) The minimum participation percentage shall be:

   1. (1) Seventy-five percent when the plan is the sole plan being sponsored by the employer group; and
   2. (2) Thirty-seven point five percent when the plan is one of 2 or more plans being sponsored by the employer group.
3. (c) For the purposes of (a)(4) above, the total number of eligible employees shall not include eligible employees who decline coverage and are covered as a dependent on another person’s health coverage.

4. (d) Carriers shall only vary rates for health coverage provided to small employers by using allowable case characteristics that shall include:

   1. (1) The attained ages of the covered population;
   2. (2) The tier categories;
   3. (3) The number of enrolled employees; and
   4. (4) The type of industry in which the small employer is engaged.

5. (e) For purposes of (d) above, small employer carriers may use approximations to calculate allowable case characteristics provided such approximation methods:

   1. (1) Are used uniformly for all small employer groups;
   2. (2) Use the attained ages of enrolled employees with tier-based membership factors to approximate the attained ages of the covered population; and
   3. (3) Use a prior census to estimate the actual enrollment.
6. (f) Rates calculated at issue, or at renewal, shall not change throughout the policy year if the allowable case characteristics of a small employer group change.

Source. #9690, eff 4-9-10; ss by #9938, eff 6-10-11; ss by #10212, eff 11-1-12; ss by #12799, eff 6-10-19